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Sunday, January 15, 2023

State v. Eddie L. Oliver

 Based on the text of the new statute and its legislative history, the Court concludes the Compassionate Release Act affords judges discretion to deny relief, in exceptional circumstances, even if the law’s medical and public safety conditions are satisfied. In individual cases, when the medical and public safety factors are met, courts can assess whether extraordinary aggravating factors exist that justify the denial of compassionate release. That high standard comports with the Legislature’s goal to make greater use of compassionate release. Absent any such circumstances, petitions for relief should be granted.